Leavenworth weighs home-based physical therapy

LEAVENWORTH — The Leavenworth Hearing Examiner is considering an appeal challenging the city’s interpretation of zoning rules that prohibit physical therapy as a home occupation.

Nicole Bulow, licensed physical therapist, filed an appeal seeking to reverse the city’s determination that physical therapy is similar in occupation to a physician, dentist, and chiropractor, and is therefore not permitted as a home occupation. Bulow’s home practice, SolFuel, helps with injury recovery, women during pregnancy and postpartum, and chronic pain.

Bulow’s attorneys and city staff debated code interpretation in front of a hearing examiner on Oct. 16.

“I did everything the town asked and confirmed my practice followed the rules before I ever applied,” Bulow said in a press release from her attorneys. “All I want is to care for my patients the way I always have and be there for my kids. The town lets my neighbors run nearly identical businesses from home. There’s no reason I should be treated differently.”

Bulow’s attorneys contend that the city drew an arbitrary distinction between professional licensing and clinical treatment, ignoring actual land-use impacts of in-home businesses. Their argument points to other permitted businesses, such as home-based hair salons and massage therapy. Her appeal alleges violations of constitutional protections, including equal protection and due process.

“The city's central mistake is relying on professional labels to decide whether physical therapy is prohibited,” said Litigation Fellow Riley Grace Borden.

The city says physical therapy, unlike massage, is a licensed healthcare profession under RCW 18.74 with diagnostic and treatment authority, thus placing it within the medical-office exclusion rather than the personal-service inclusion. The city also reasoned that residential character and public accessibility and safety standards were considered when licensed-healthcare occupations were excluded from home occupation allowances.

According to Hearing Examiner Andrew Kottkamp, the appellant's written closing statement is due by Oct. 30, and the city’s closing by Nov. 6. The appellant’s reply will be due Nov. 13, with the hearing examiner’s decision made by Nov. 30.

Taylor Caldwell: 509-433-7276 or taylor@ward.media